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2020 (10) TMI 30 - AT - Income TaxInterest paid on term loan as deduction u/s. 57(iii) admissible against business income - As per AO interest income earned on loans and advances cannot be claimed as business expenditure from the profit declared u/s. 80IB(10) and treated the same as income from other sources, held chargeable to tax - CIT(A) having examined the case of assessee held that the assessee is entitled to get deduction under Clause (iii) of section 57 - HELD THAT - CIT(A) having examined the case of assessee held that the assessee is entitled to get deduction under Clause (iii) of section 57 of the Act but however without there being concrete finding to this effect that the interest paid is for the purpose of earning interest. CIT(A) should not have remanded the matter to the file of AO which in our opinion is contrary to the jurisdiction available to CIT(A). Before us, the ld. AR pointed that the assessee had mixed funds to an extent of ₹ 27.48 crores and no break up to that effect filed before us. In such a situation we deem it proper to remand the matter to the file of CIT(A) to verify the nexus between loans advanced and interest paid for the purpose of interest earning in terms of Clause (iii) of section 57 of the Act. Thus, the order of CIT(A) is set aside and the assessee is liberty to file all evidences if any in support of its claim in terms of Clause (iii) of section 57 of the Act. The CIT(A) shall consider the same and pass the order, in accordance with law. - Appeal of Revenue is allowed for statistical purpose.
Issues involved:
1. Allowance of interest paid on term loan as deduction u/s. 57(iii) of the Income Tax Act against business income. Detailed Analysis: The appeal by the Revenue was against the order passed by the Commissioner of Income Tax (Appeals) for the assessment year 2008-09. The only ground raised by the Revenue was challenging the action of the CIT(A) in allowing the interest paid on term loan as deduction u/s. 57(iii) of the Act against business income. The Revenue contended that the interest income earned on loans and advances given to associate concerns cannot be claimed as business expenditure from the profit declared u/s. 80IB(10) of the Act and should be treated as income from other sources. However, the assessee argued that the funds advanced to associate concerns were out of borrowed funds on which interest was paid, making it an allowable expenditure. The CIT(A) directed the Assessing Officer (AO) to verify and compute the exact quantum of deduction under Clause (iii) of section 57 of the Act. The CIT(A) held that the interest paid on borrowed funds utilized for earning interest would be an allowable deduction u/s 57(iii). The AO was directed to consider this deduction without treating it as a business expenditure. The Revenue argued that there was no nexus between the interest earned and the expenditure, and the CIT(A) did not have concrete findings to support the allowance of deduction. Upon hearing both parties, the ITAT noted that the borrowed funds were not utilized for the business purpose for which they were obtained. The ITAT observed that although the term loan was obtained for the business, it was not utilized for the business as the assessee had enough capital. The ITAT found that the CIT(A) should not have remanded the matter to the AO without concrete findings on the purpose of interest paid. The ITAT decided to set aside the CIT(A) order and remand the matter back to verify the nexus between loans advanced and interest paid for the purpose of interest earning under Clause (iii) of section 57 of the Act. The assessee was given the liberty to file all evidences in support of its claim, and the CIT(A) was directed to consider the same and pass an order in accordance with the law. Therefore, the only ground raised by the Revenue was allowed for statistical purposes, and the appeal of the Revenue was allowed accordingly.
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